Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-04-22
DECIDED CASES.
OPINIONS OF THE SUPREME COURT OF
APPEALS YESTERDAY.
The City Wins In the small-Pox Hospital
ter-Water- -Eents-Riding
on an Engine, &c.

cock, trustees. From the Circuit Court
OF The city of Richmond. Affirmed,
judge Lewis delivering the opinion.
In this case the Court decided that
the provisions of the act of Assembly
disposing of the James River and Kama
villa canal to the Richmond and Ale
ghany Railroad Company, and saying
that the existing contracts as to water
power should be respected and main
tained, did not mean to make perpetual
the leases nor did il forbid the railroad
increasing the rates at the expiration OF
the contracts. The act gave the lessees
no more rights under the railroad COM
paDy than they had under the canal
company.
RAILROAD NOT EXEMPT PROM TAXATION.
Roanoke and Seaboard Railroad
Company ps. Supervisors of Norfolk
county. Affirmed, Judge Lacy deliy-
eriDg The opinion Judge Richardson
dissenting; Judge Hinton cOncuring
in the result, and Judge Lewis not sit
ting.
Here the railroad company claimed
to be exempt from taxation. The
Court held that the corporation which 1t
succeeded had had an exemption from
taxation, hut surrendered it to the State
many years ago and the Roanoke and
Seaboard railroad, as its successor,
therefore holdn no such exemption, as Is
alleged.
SMALLPOX HOSPITAL.
City of Richmond against The Board
Of Supervisors of Bcnrico county. From
the Circuit Court OF the county of Hen
rico. Reversed, Judge Fmntlcroy de
liyring the opinion.
This is the case of .he smallpox hos
pital.
The question before the Court was
whether the city of Richmond had
established according TO law a small
pox hospital at the Morris farm prior to
the time when the act amendatory of
the general law (Waddill bill was pass
cd by the General Assembly and the
Cont found that the hospital 'Cas so
established. The amendatory act sim
ply changed the existing law so as to
require tLat no city should establish n
hospital in q county without the ap-
proval of the County Court and board
Of suporyisors. When that act was
rassed the hospital WIS already estab-
lishod (the Supreme Court holds ami
could have been used for patients. So
the city's right could not be affected by
the amondatCry act, inasmuch rs 1t was
not "plainly retrospective" D." But, says
the Court, the Legislature now IN ses-
sion can by express legislation, ii it 50
desires, disestsblish the hospital.
no RIGHT TO RIDE on THE EsGISE.
Virginia Midland Railroad Company
re. Roach. From the Circuit Court OF
Fittsylyania county. Reversed, Judge
Hinton delivering the opinion.
In this case Roach was injured by Il
railroad accident. The proof was that
be had at ono time been a fireman on
this railroad that on the day in qucs-
ton, he was riding, free of charge, on
the engine at the invitation OF the en-
eineer, aud that he was there seen and
saluted by the conductor Roach
claimed that he did not know Of any
rnle Of the company which positively
forbids the presence in the cab Of any
outsider: but the Court held that
having been a fireman. he should have
known it. and that neither the engineer
nor the conductor had right TO invite
him in the cab. 1t was held that Roach
was n trespaeser and wrong-doer, and
that he could not recover for the in
iuiies he sustained.
OTHER CASES.
WITT. Biedler & Co. rs. Osbun.
From the Circuit Court OF Loudoun
county. Reversed in part, Judge Lacy
delivering the opinion.
Seamster ~. Blackstock. From
the Circuit Court of Halifax county.
Affirmed, Judge Richardson delivering
the opinion.
Thompson's administrator Us. Chap
mans administrator From the Cir
cult Court of Orange county. Affirmed,
Judge Richardson delivering the opin-
ion.
Coleman rs. Stones executor. Ap.
peal allowed to decree allowed by the
Circuit Court of Montgomery county at
its May term, 1886.
Ligon rs. the Commonwealth. Writ
of error refused to judgment OF
the County Court of Cumberland coun-
ty at its March term, 1887.
Blair rS. Muse. From the Circuit
Court of Pittsylvania county. Reversed,
Judge Richardson delivering the opln-
ion
Bradley r@. Bradley. Rehcarin8
denied.
Morris cS. Lyon. Argued by s. d.
Davies for plaintiff in error and John
Lyon for defendant in error and sub
mitted.
Darracott cs. Chesapeake aud Ohio
Railroad Company. Submitted.
Scoville rs. Terry. Argued by Major
John W. Daniel for appellee and sub
mitted.
Morris, administrator, rs. Davis.
Argued 10y Samuel B. Woods for ap
pellant.